Orange County Grand Jury
• 2005-2006
• Agency Response
Colleene Preciado*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 9 findings
F1
The Sheriff-Coroner will be notified immediately by telephone and with a written report to follow within eight hours. P.O. BOX 10260, SANTA ANA, CA 92711-0260 - (714) 937-4705 . . . . THERESA STANBERRY, CEO BUDGET OFFICE 2 JUNE 19, 2006 a. Law mandates that the Coroner will be immediately notified. (Note: The Coroner Division of the Sheriff-Coroner Department should be contacted directly. Contacting the Sheriff's Watch Commander is not proper notification to the Coroner.) b. The Coroner will respond immediately to the scene of the death of a minor in custody.
Related Recommendations (1)
R1
1. 1. 1. 1. THERESA STANBERRY, CEO BUDGET OFFICE 3 JUNE 19, 2006 A . S. C. The California Government Code Section 12525 and Probation Department Procedure Item 3-1-106 require: "A report in writing be submitted to the California Attorney General within ten days after a death in custody, all facts in the possession of the law enforcement agency in charge of the correctional facility concerning the death will be forwarded to the Attorney General's office". In summation, the Orange County Probation Department reviews any death in custody immediately and findings regarding their investigation are submitted to a variety of county agencies and the California Attorney General's office within ten days. 7.2 CDR oversight: "Probation should broaden representation in its review by including the JJC". The recommendation has been implemented. Orange County Probation Department Procedure 3-1-106, Section III - Notification Process, Subsection D, number 5: "The Chairman of the Juvenile Justice Commission will be notified by telephone immediately with follow-up in writing within 24 hours of any death in custody". In summation, members of the Juvenile Justice Commission will be invited to participate in the post incident medical and operational review required by Department procedure. 7.2 CDR membership: "The Probation Department should broaden representation in its review by adding the HCA, DA, and one or more community child welfare organizations". This recommendation has been implemented. See Procedure Item 3-1-106, Section IV, Subsection C. Also note, Government Code Section 12525 (Written Notice of Death to Attorney General) declares this report and information therein contained will be considered public record within the meaning of Subdivision (d) of Section 6252 of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and are open to public inspection pursuant to Sections 6253, 6256, and 6257. Further, this code section notes that Section 6258 of the Public Records Act reports that "Nothing in this section shall permit the disclosure of confidential medical information that may be submitted to the Attorney General's office, nor would it allow case file information from the deceased minor, ward of a County Juvenile Court to be disclosed". In summation, a variety of officials from several public agencies within Orange County will be invited to attend the post incident medical and operational review. However, members of the public shall not be invited to this review as prescribed by exceptions in the California Public Records Act noted above. TW:nef
F2
The local Chief of Police (if the institution is within the city limits of an incorporated city) within a reasonable time but not to exceed two hours.
No recommendations for this finding
F3
The District Attorney as soon as a member of the District's Attorney's Office is on duty and in writing within 24 hours.
No recommendations for this finding
F4
The Presiding Judge of the Juvenile Court by telephone, with follow-up in writing within 24 hours.
No recommendations for this finding
F5
The Chairman of the Juvenile Justice Commission by telephone, with follow-up in writing within 24 hours.
No recommendations for this finding
F6
The Departmental Safety Officer by telephone, with follow-up in writing within 24 hours.
No recommendations for this finding
F7
The County Risk Management Manager by telephone, with follow-up in writing within 24 hours.
No recommendations for this finding
F8
Clerk of the Board of Supervisors in writing within 24 hours (or Chairman of the Board of Supervisors immediately, if "exceptional circumstances" exist).
No recommendations for this finding
F9
The County Executive Officer in writing within 24 hours. Further, Section IV of Procedure 3-1-106 - Post Incident Medical and Operational Review, Subsection C notes: "A medical and operational review will occur within 10 days following an in-custody death of a minor. The review team shall include the Chief Probation Officer, Chief Deputy of Institutional Services, the Institutional Director of the involved institution, and other administrative and supervisory staff relevant to the incident including but not limited to the responsible physician, the nursing supervisor, legal counsel, the coroner staff involved, etc." In summation, any death of a minor in custody in an Orange County Probation Department Institution will be immediately investigated by Probation Department Peace Officers with the assistance of a variety of county experts, with findings sent to ten different county and state agencies. Any or all of the contributing investigative agencies noted in Procedure 3-1-106, Section III, Subsection D, may be invited to the post incident medical and operational review.
No recommendations for this finding
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.